To: Supervisor Bill Holland and Township Board

From: Mannette Minier

Date: February 7, 2006

RE: Office/Building/Zoning Report for February 13, 2006

As requested to begin quarterly reports, the reports from the Office/Building/Zoning area will begin with the intention of initially explaining to the Board members what “Building and Zoning” is all about. Then the reports will provide updates of what is occurring in the Township relating to building and zoning. This first report presents information to the Township Board about what zoning is and why we do it. The zoning process begins with the adoption of a Master Plan and this report will specifically describe what the Master Plan is, how it relates to zoning and how it is used by the Township.

Georgetown Township is a zoned community which means that provisions have been adopted and are enforced to promote and safeguard the public health, safety and general welfare of the people of the Township. The provisions are intended to regulate the use of land, buildings and structures to insure location in appropriate areas, to reduce hazards to life and property, and to provide for orderly development within the Township. Simply speaking, zoning is the tool used by the Township to balance the rights of the individual property owner or property dweller with the rights of the community for the benefit of those who reside or conduct business within the boundaries.

Planning for the future is an important responsibility of local government. Planning and zoning present ways for the Township to achieve specific identified goals, solve existing problems and prevent undesirable conditions from developing. Townships are authorized through State law to perform regulatory zoning functions and Georgetown Township is one of 1,242 governmental units that functions as a township in Michigan. Through the governmental regulation of the use of land, the purpose of zoning is to function as a tool to implement the master plan, ensure the compatibility of land uses, protect natural resources, protect property values and ensure the health, safety and welfare of residents, visitors, and business owners within the community.

Therefore, the first step taken by the Township was to adopt a Master Plan (which the Township did) that is the comprehensive plan used to guide the Township’s future growth and development. By preparing a master plan, preferences are expressed for the future development of the community. The plan provides background information concerning historical and current trends that provides useful information to existing and prospective residents and business owners in the Township.

This document includes a Future Land Use Map which divides the area by boundaries that designate land use categories, in addition to a text document. The Master Plan is the official statement of the Township listing the goals and policies that expresses a vision for the future of the Township. It serves as a guide for the Planning Commission and the Township Board, as well as for Township staff, private individuals and organizations. By using this document for decision-making purposes, it is possible to decipher proposals that contribute to the Township and benefit the common good from those proposals that do not benefit the Township. The long-range goals and current issues that have been identified along with the action steps to achieve those goals are conveyed in the text of the Master Plan and on the Future Land Use Map. This planning process is used to identify problems and solutions which enable choices and decisions to be based on established goals for the Township.

The benefits of adopting a Master Plan are for the following uses:

· To help direct growth into a desired and planned development pattern, rather than allowing chance and circumstance to shape the community.

· To help plan for future public facility needs to ensure that expenditures on new capital facilities are cost-effective.

· To provide the policy direction for Township Boards and Commissions to make wise zoning decisions, along with the legal support for making zoning decisions.

· To provides clear expressions of public goals and policies and to guide private sector decisions for development.

· To help protect natural resources and features which have been identified as major community assets.

· To identify and maintain aesthetic values within the community.

In 2002, a new land use law was enacted by the State of Michigan in regards to the adoption of a Comprehensive Plan (Master Plan). This new law requires coordinated planning efforts between municipalities and requires a somewhat complicated process of notifying adjacent municipalities, as well as the county and any utilities that registered with the Township. The purpose of the notification is two-fold, to be informative and to solicit comments and input from neighboring communities that are affected by development in Georgetown Township. (No utilities have ever registered with the Township to be a part of this process.)

In compliance with this new law’s requirements, Georgetown Township began the process to adopt a new Master Plan in 2003 resulting in a document that was approved both by the Planning Commission and Township Board in May 2004. (The new law allows for both bodies to be adopting authorities.) This document was a cooperative effort by both the Planning Commission and Township Board. The planning process was a problem-identifying and problem-solving procedure that enabled this integrated group to make interrelated choices. It was a goal-directed way of thinking about the future and making cooperative decisions. By working together, the hope was that both bodies would support the goals of the Master Plan in decision-making capacities.

The process of the adoption of the Master Plan was a time and effort consuming task that evolved over a period in excess of one year. However, by working together and compiling the Master Plan ourselves, as opposed to the planning company, it was hoped that Township staff, as well as the members of the boards and commissions, would take ownership in the future plan as well has understand the rationale of its components.

As it relates to functions of the Boards and Commissions and to office staff, the Master Plan is used as a guide to evaluate proposals for developments, as well as to answer questions relating to future uses of land.

For instance, if a developer were to ask about developing a parcel in the Township, the first step would be to check the current zoning and the second step would be to check the Future Land Use Map to determine if the proposal is consistent with the plan that the Township has for that particular parcel. Also, applications that come before the Boards and Commissions are evaluated for their consistency with the Master Plan. Another example is the application that was submitted by Riverview Trails Development Group for housing for the elderly on Cottonwood that was reviewed by the Planning Commission in January. Since this property is zoned LDR and the Future Land Use designation is LDR, the application was reviewed by the zoning administrator and the Planning Commission for its consistency with the Master Plan for uses and densities allowed in the LDR district. Unfortunately, the density (number of units) proposed was well over 20% in excess of the number of units designated in the Master Plan and in the Zoning Ordinance. Consequently, the proposal was determined by the Planning Commission to be inconsistent with the Master Plan and did not meet the qualifying conditions for a Planned Unit Development.

When evaluating proposals based on the Master Plan, instances sometimes come to light that reveal the Township’s plan for an area is different now than at the time the Master Plan was adopted and, consequently, the Township makes decisions that are inconsistent with the Master Plan. The reason could be that circumstances in the area have changed, or new information has come to light, or development trends in the area have changed. An example would be the two parcels on the corner of 18^th Ave. and Chicago Dr. that were recently rezoned from Industrial to Highway Service. The circumstances in the area changed due to the fact that the parcels had been considered not developable because they were located in a floodplain. The Future Land Use Map designation of Industrial was no longer relevant. After DEQ permits were obtained and the parcels filled to be out of the floodplain from circumstances relating to the Waterford Development south of the parcels, the parcels became developable and the Township determined the zoning designation of Highway Service was appropriate.

The land use law relative to the Master Plan requires that the Master Plan be reevaluated at least every five years. That does not mean that it has to be totally reviewed and readopted, but rather that, at a minimum, the Plan must be reviewed to determine if the Township should further review and revise the Plan. Taking into account that the time frame for review and adoption was one year, it is not too soon for the Township Board and Planning Commission to begin thinking if there might be areas of the Township that should be revisited in regards to the Township’s plan for an area. The elements to be considered would include the growth and development pattern taking place in the Township, the relevance of Township goals and policies, and areas that should be changed on the Future Land Use Map due to changing conditions or information.

The next quarterly report in May 2006 will explain the Zoning Ordinance and Zoning Map. Subsequent reports will detail the responsibilities of the office staff in this area and how this information relates to the daily activities concerning building and zoning, as well as to provide information about activities and developments taking place in the Township.